HomeMy WebLinkAboutReso 2018-2831 RESOLUTION NO. 2018- 2753(
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AWARDING
INVITATION TO BID ("ITB") NO. 18-04-01 TO ALL WEBBS
ENTERPRISES, INC. TO PERFORM NORTH BAY ROAD
DRAINAGE IMPROVEMENTS; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND ENTER INTO AN
AGREEMENT WITH BIDDER IN AN AMOUNT NOT TO
EXCEED SIX HUNDRED NINETY-FOUR THOUSAND NINE
HUNDRED DOLLARS (S694,900.00), PROVIDED SAID
AGREEMENT IS FIRST APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY THE CITY ATTORNEY;
AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") issued an Invitation to Bid
("ITB") No. 18-04-01 for the North Bay Drainage Improvement project to include maintenance,
rehabilitation, and testing of existing storm water gravity disposal wells located on Central Island
Neighborhood in the City of Sunny Isles Beach; and
WHEREAS, the City has analyzed the bid response from All Webbs Enterprises, Inc.,
based on the general evaluation criteria set forth in Section 62-8 of the City Code, and recommends
that the City accept the bid submitted by All Webbs Enterprises, Inc.; and
WHEREAS, the City wishes to award ITB No. 18-04-01 to and authorizing the City
Manager to negotiate and enter into an agreement with All Webb Enterprises, Inc. to provide
maintenance, rehabilitation and testing services for the North Bay Road Improvements, provided
said Agreement is first approved as to form and legal sufficiency by the City Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of Invitation to Bid No. 18-04-01 and Authorization of City Manager. The
City Commission hereby awards ITB No.18-04-01 to and authorizes the City Manager to negotiate
and enter into an agreement with All Webbs Enterprises, Inc. to provide maintenance,
rehabilitation and testing services for the North Bay Road Improvements project, provided said
Agreement is first approved as to form and legal sufficiency by the City Attorney. The City
Manager has the authority to spend an amount not to exceed Six Hundred Ninety-Four Thousand
Nine Hundred Dollars ($694,900.00) for the project.
Section 2. Authorization of City Manager and City Attorney. The City Manager and the City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution, including
but not limited to, negotiating terms and conditions of an agreement provided said agreement is
first approved as to form and legal sufficiency by the City Attorney.
Section 3. Effective Date. This Resolution will become effective upon adoption by the City
Commission.
R2018 Awd ITB No 18-04-01 Auth CM to Neg&Enter into Agmt w All Webbs 1
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PASSED AND ADOPTED this 21' day of Ju - 2018.
yn
George H choll, Mayor
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L ' Y
' , . Mauricio ':etancu , CMC, City Clerk
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APPROVED AS TO FORM
AND LEG , SUFFICIENCY:
AffhlY
1fov•ttinot, ty Attorney
Moved by: Co ulluktt.-S-St06.1611— JCab
Seconded by: 41(0 IVI Ha altiiM14-A
Vote:
Mayor Scholl J (yes) (no)
Vice Mayor Goldman J (yes) (no)
Commissioner Aelion • (yes) (no)
Commissioner Gatto (yes) (no)
Commissioner Svechin V (yes) (no)
•
R2018 Awd ITB No 18-04-01 Auth CM to Neg&Enter into Agmt w All Webbs 2
s, City.of Sunny Isles Beach •
• • F 18070 Collins Avenue-
I Sunny Isles Beach, Florida 33160 -
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 6/21/2018
RE: Bid Award for North Bay Road Drainage Project
RECOMMENDATION:
This item is presented for your consideration.
,0 REASONS:
Two bids were received in response to ITB 18-04-01-0-2018 for the
North Bay Road Drainage Improvements project. All Webbs
Enterprises Inc:was determined to be the lowest and most responsible
bidder.
If approved, the City Manager will begin contract negotiations with All
Webbs Enterprises Inc. in an amount not to exceed $694,900.
ADDITIONAL INFORMATION:
The Cityreceived a $300,000 legislative appropriation from the State
for this project during the 2017 Legislative Session.
FUNDING SOURCE:
Project 83002 - Fund 300 Capital Projects (300-5-5410-465000-
83002) •
ATTACHMENTS:
- Description
0 Resolution
165
•
y'Ni„11
°''° AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
. AND ALL WEBBS ENTERPRISES, INC.
-Pt°"" CONTRACT NO. 6831-098
TIS AGREE ENT (hereinafter referred to as the "Agreement') is made in duplicate,
this (I day ofd 2018, by and between the CITY OF SUNNY ISLES
BEACH, Florida (the "City') or "Owner" ) and ALL WEBBS ENTERPRISES, INC., (the
"Contractor"), a corporation authorized to do business in the State of Florida whose Federal I.D. #
is 59-2418764.
WITNESSETH:
WHEREAS, the City issued Invitation to Bid ("ITB")No. 18-04-01 for the North Bay Road
Drainage Improvements Project to include maintenance, rehabilitation,and testing of existing storm
water gravity disposal wells located on Central Island Neighborhood in the City of Sunny Isles
Beach ("Work") and Contractor was selected as the lowest responsible, responsive bidder;
and
WHEREAS, the Contractor represents to the City that it possesses the requisite
qualifications, expertise and licenses to perform the Work; and
WHEREAS, the City Commission has determined that it is in the City's best interests
to enter into and approve this Agreement with the Contractor for the Work; and
WHEREAS, the City desires to enter into this Agreement with Contractor to perform the
Work in a total amount not to exceed Six Hundred Ninety Four Thousand Nine Hundred
Dollars (S694,900.00). ,
NOW THEREFORE, in consideration of the foregoing, and the mutual
covenants and compensation set forth herein, the City and Contractor agree as follows:
ARTICLE 1. DEFINITIONS
Agreement means this Agreement together with the Contract Documents.
Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in
accordance with the provisions of the Contract Documents.
Commencement Date means the date specified in the Notice to Proceed from the City Manager
or his designee.
Contract Amount means the total sum of monies which has been agreed to between the Contractor
and the City as the total price for the Work and the performance of all services under this Agreement.
Contract Documents means this Agreement, Invitation to Bid ("ITB") No. 18-04-01, any
Addenda, Supplemental Terms and Conditions, the Contractor's response to the Invitation to Bid
(a copy of which is attached hereto as Exhibit "A"), the Bid Bond, the Payment and Performance
Bond, approved written interpretations and clarifications, Field Directives, Construction Change
Directives, any Change Orders issued thereto, and any modifications, duly issued after execution
of the Agreement.
Contract Time means the time period defined in this Agreement for the Contractor to complete
the Work.
Contractor means the Successful Contractor selected by the City to provide all labor, materials,
equipment and services to complete the Work described in the Contract Documents.
Contractor Project Manager means the person designated by Contractor as its lead
representative to the City. The Contractor Project Manager shall have the authority to obligate and
bind the Contractor and to act on all matters on behalf of Contractor except for revisions to the
Contract Documents and Change Orders.
Construction Change Directive means a written directive to effect changes to the Work,
prepared by and executed by the City.
Cure means the action taken by.the Contractor, promptly after receipt of written notice from the
City of a breach of the Agreement, which shall be performed at no cost to the City, to repair,
replace, correct, and/or remedy all material, equipment, or other elements of the Work or the
Agreement affected by such breach, or to otherwise make good and eliminate such breach,
including, without limitation, repairing, replacing or correcting any portion of the Work.
Cure Period means a period of seven (7) days, after receipt of written notice to cure from the City,
in which the Contractor is required to cure deficiencies in the Work or compliance with this
Agreement or the Contract Documents.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation, all
notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work requested by
the City, which is minor in nature and should not involve additional cost.
Final Completion means the date certified by the City Engineer that all documents required
by the Contract Documents have been received by the City; any other documents required to
be provided by Contractor have been received by City; and to the best of City Project
Manager's knowledge, information and belief the Work defined herein has been fully
completed in accordance with the terms and conditions of the Contract Documents.
Insurance Requirements means the requirements described in this Agreement and the Contract
Documents.
Notice To Proceed means a written letter or directive issued by the City Manager or his designee
directing that the Contractor may begin Work.
Project Manager means an employee or representative of the City assigned to manage and monitor
the Work to be performed under this Agreement.
Project means the North Bay Road Drainage Improvements Project as described in ITB No. 18-04-
01.
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Punch List means a compilation of items of Construction Work required to be performed by, or
through the Contractor after the Substantial Completion inspection and prior to Final Completion
and payment.
Request For Information (RFI) means a request from the Contractor seeking an interpretation
or clarification by the City relative to the Agreement and/or the Contract Documents. The RFI,
which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s)
requiring clarification or interpretation and why the response is needed. The RFI must set forth the
Contractor's interpretation or understanding of the document(s) in question, along with the
reason for such understanding.
Sub-Contractor(s) means a person or entity other than a materialman or laborer that has a
direct contract with the Contractor to perform or supply any portion of the Work in connection
with this Project.
Substantial Completion means that point at which, as certified in writing by the City Manager or
his designee,the Work is at a level of completion in strict compliance with the Contract Documents
such that the City can enjoy beneficial use or occupancy and can use or operate it in all respects,
for its intended purpose. Partial use or occupancy of the Work shall not result in the Work being
deemed substantially complete, and such partial use or occupancy shall not be evidence of
Substantial Completion
Specifications and Plans as used herein means that portion of the Contract Documents which
are the written requirements for the materials, equipment, systems, standards and workmanship for
completion of the Work.
Time for Completion means the time to complete all Work no later than four hundred fifty(450)
calendar days from the Commencement Date specified in the Notice to Proceed issued by the City
Manager or his designee.
Work as used herein refers to all services required by the Contract Documents, including all
labor, materials, equipment, supervision and services needed to complete the Work in
accordance with the Contract Documents.
ARTICLE 1. SCOPE OF WORK
1.1 Contractor shall provide all labor, materials, equipment, tools, manpower,
management, supervision, and all other necessary goods and services to perform the Work in the
manner required by the Contract Documents.
1.2 Contractor performing work covered by this contract shall have all applicable licenses
during the term of the contract. The Contractor will be responsible for securing and providing the
Owner or Owner's representatives, proof of all secured permits and operating licenses as required
by state and local agencies for the assigned work.
1.3 All maintenance, rehabilitation and construction activities will be initiated during the
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following hours:
1.3.1 Standard time: 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m.to 5:00
p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday.
1.3.2 Daylight saving time: 7:00 a.m. to 7:00 p.m. Monday through Thursday, 7:00 a.m.
to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday.
1.3.3 No construction activities shall take place on Sunday and on the following
holidays:New Year's Day, Fourth of July, Labor Day, Yom Kippur,Thanksgiving
Day, and Christmas Day.
ARTICLE 2. CONTRACT TIME, TIME FOR COMPLETION AND LIQUIDATED
DAMAGES
2.1 Time is of the essence in the performance of the Work under this Agreement. The
Commencement Date shall be the date specified in the Notice to Proceed issued by the City
Manager or his designee. Contractor shall mobilize to the site and be actively performing the scope
of Work in accordance with the Contract Documents within ten (10) calendar days after the
issuance of a Notice to Proceed. Contractor shall perform the Work in accordance with the Contract
Documents and shall achieve Final Completion of the Work no later than Four Hundred Fifty
(450) calendar days from the Commencement Date specified in the Notice to Proceed issued by
the City Manager or his designee ("Scheduled Final Completion Date").
2.2 Contractor shall complete all applications for the Permits, and submit all required
documents, including but not limited to the Bonds and the Insurance Certificate, within ten (10)
calendar days after issuance of a Notice to Proceed by the City. In the event Contractor fails to
deliver to the City the required documents within ten (10) days after issuance of a Notice to
Proceed, or fails to apply for the Permits within ten (10) days after issuance of a Notice to
Proceed, or fails to commence Work by the date specified in the Notice to Proceed issued by the
City Manager or his designee, then Contractor shall be in default. In such event the City, in
addition to all remedies provided for an event of Contractor's default hereunder, shall have the
right to collect from Contractor all expenses incurred by the City in the re-procurement of the
Work.
2.3 Time is of the essence throughout this Agreement.
2.4 "Substantial Completion"of the entire Work shall be achieved no later than Four Hundred
One (400) calendar days from the commencement date specified in the Notice to Proceed issued
by the City Manager or his designee ("Scheduled Substantial Completion Date").
2.5 Contractor understands that if the Substantial Completion is not attained by the scheduled
Substantial Completion Date, City will suffer damages which are difficult to determine and
accurately specify. Contractor agrees that if Substantial Completion is not attained within the
Scheduled Substantial Completion Date then Contractor shall pay the City One Thousand Five
Hundred Eighty Four Dollars (S1,584.00) as liquidated damages per day for each calendar day
that extends beyond the Scheduled Substantial Completion Date: Additionally, if the Contractor
fails to achieve Final Completion within fifty (50) days of the date of Scheduled Substantial
Completion Date, the Contractor shall pay to City, in addition to the liquidated damages for
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substantial completion delays, liquidated damages for delay in Final Completion in the amount of
One Thousand Five Hundred Eighty Four Dollars (51,584.00) per day for each and every
calendar day that extends beyond the Scheduled Final Completion Date.
2.6 These liquidated damage amounts are not penalties but are liquidated damages to
the City for its inability to obtain beneficial occupancy and/or use of the Work. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by the
City as a consequence of such delay, and both parties desiring to obviate any question of dispute
concerning the amount of said damages and the cost and effect of the failure of Contractor to
complete the Work on time.
2.7 The City is authorized to deduct liquidated damages from monies due to Contractor for
Work under this Agreement or as much thereof as the City may, in its sole discretion, deem just
and reasonable.
2.8 Contractor will promptly perform its duties under the Contract Documents and will
give the Work as much priority as is necessary to cause the Work to be completed on a timely
basis in accordance with the Contract Documents. Time is of the essence of this Agreement.
All Work shall be performed strictly (not substantially) within the time limitations necessary to
meet all deadlines established in the Contract Documents.
2.9 All dates and periods of time set forth in the Contract Documents, including those for the
commencement and completion of the Work, and for the delivery and installation of materials
and equipment, were included because of their importance to the City.
2.10 Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the Work following expiration of the Time for Completion.
2.11 Contractor agrees to the assessment of liquidated damages as provided in this Agreement.
2.12 Except for extensions approved in writing by the City, Excusable Delays, or as
otherwise specifically provided in this Agreement, the Contractor understands that the occurrence
of events of delay within the Contractor's reasonable control shall not excuse the Contractor from its
obligation to achieve Substantial and Final Completion of the Work within the time stipulated in this
Agreement, and shall not entitle the Contractor to an adjustment of the Contract Amount. All
parties under the control or contract with the Contractor shall include, but are not limited to,
subcontractors, materialmen and/or laborers.
ARTICLE 3. EXCUSABLE DELAY
The Time for Completion may be extended by reason of an Excusable Delay. An Excusable
Delay is delay caused by circumstances (i) beyond the reasonable control of Contractor,
its Sub-Contractors, suppliers and vendors and (ii) not caused by the negligence of Contractor, its
Sub-Contractors, suppliers and vendors. Where Contractor claims that it is entitled to an extension
because of an excusable delay, it shall furnish to the City's Project Manager all
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documentation supporting its claim, including, details of the claim, a description of the work
affected and the actual costs resulting from the delay. Failure of Contractor to comply with this
Article as to any particular event of delay shall be deemed conclusively to constitute a waiver,
abandonment or relinquishment of any and all claims resulting from that particular event of delay.
ARTICLE 4. NO DAMAGE FOR DELAY
In the event Work is delayed through no fault of Contractor or Owner, it is agreed that
Contractor's sole and exclusive remedy is a time extension of the Time for Completion
equal to each day the Work is so delayed. The City shall not be liable for any delay damages or
damages in any way attributable to performing work out of sequence, acceleration claims,or other
similar type claims, incurred by Contractor or any of its Sub-contractors, arising out of or in any
way associated with the performance of this Agreement.
ARTICLE 5. CONTRACT AMOUNT, PROGRESS
PAYMENTS AND FINAL PAYMENT
5.1 The City shall pay to the Contractor, for the faithful performance of all
Work in connection with this Agreement the total amount not to exceed Six Hundred Ninety
Four Thousand Nine Hundred Dollars (S694,900.00). Payment shall be made pursuant to
approved applications for payment approved by the City. Payment shall be made within thirty
(30) days after the City's receipt of Contractor's Application for Payment, approved by the City,
and accompanied by sufficient supporting documentation, and containing sufficient detail, to
allow a proper audit of expenditures, should the City require one to be performed.
5.2 Contractor may make Application for Payment for Work completed at intervals of not
more than once a month. Contractor's Application for Payment shall include partial release(s)
of liens or consent of Surety relative to the portion of the Work, which is the subject of the
Application for Payment and any other information required by the City. Each Application for
Payment shall be submitted in triplicate to the City for approval.
5.3 Ten percent (10%) of all monies earned by Contractor shall be retained by the City
until Final Completion,receipt of closeout documents,and acceptance by the City except that after
fifty percent(50%)of the Work has been completed, the Contractor may request a reduction in the
retainage to five percent (5%) of all monies previously earned and all monies earned thereafter.
Any reduction in retainage shall be in accordance with Section 255.078 Florida Statutes. Any
interest earned on retainage shall accrue to the benefit of the City. All requests for retainage
reduction shall be in writing in a separate stand-alone document.
5.4 The City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
5.4.1 Defective Work not remedied by Contractor.
5.4.2 Claims filed or reasonable evidence indicating probable filing of
claims by other parties against Contractor or the City because of
Contractor's performance.
5.4.3 Failure of Contractor to make payments properly to Sub-Contractors or for
material or labor.
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5.4.4 Liquidated damages and costs incurred by the City for extended construction
administration.
5.4.5 Failure of Contractor to comply with other provisions of this Agreement.
5.5 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, the City will make an inspection thereof. If the City finds the Work
acceptable, the requisite documents have been submitted and the requirements of the Contract
Documents fully satisfied, and all conditions of the permits and regulatory agencies have been
met, a Final Certificate for Payment will be issued by the City, stating that the requirements of
the Contract Documents have been performed and the Work is ready for acceptance under the
terms and conditions thereof.
5.6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the
City a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof,
an affidavit certifying that all suppliers and Sub-Contractors have been paid in full and that all
other indebtedness connected with the Work has been paid, and a consent of the surety to final
payment; and the final bill of materials, if required, and Application for Payment.
Contractor shall deliver the written Contractor's and all Manufacturers' warranties prior to
issuance of the Final Certificate for Payment.
5.7 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of Contractor, and the City so certifies same, the City
will, and without terminating the Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
5.8 Final payment shall be made only after the City has reviewed and approved the final
application for payment. The acceptance of final payment shall constitute a waiver of all
claims by Contractor, except those previously made in strict accordance with the provisions of
the Agreement and identified by Contractor as unsettled at the time of the application for final
payment.
ARTICLE 6. REQUESTS FOR INFORMATION (RFI)
The Contractor shall submit in writing.a Request for Information (RFI) to the City where the
Contractor believes that the specifications or drawings are unclear or conflict. All requests
must be submitted in a manner that clearly identifies the drawing and/or specification section
where clarification or interpretation is being requested.
ARTICLE 7. FIELD DIRECTIVES
The City may at times issue Field Directives to the Contractor based on visits to the Work
areas. Such Field Directives shall be issued in writing and the Contractor shall be required to
comply with such directive. Where the Contractor believes that the directive is outside the scope
of the Work, the Contractor shall, within Forty Eight (48) hours, notify the City that the Field
Directive is outside the scope of the Work. At that time the Field Directive may be rescinded or
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the Contractor may be required to submit a request for a Change Order proposal. Where the
Contractor is notified of the position that the Field Directive is within the scope and the
Contractor disagrees, the Contractor shall notify the City that the Contractor reserves the right
to make a claim for the time and monies based on the Field Directive. At no time shall the
Contractor refuse to comply with the directive. Failure to comply with the directive may result
in a determination that the Contractor is in default of the Agreement.
ARTICLE 8. CHANGE ORDERS
8.1 Changes in the quantity or character of the Work which are not properly the subject of Field
Directives shall be authorized only by Change Orders approved in advance and issued in accordance
with the guidelines of the City.
8.2 All changes to the Work must be pre-approved in writing, in advance, by the City in
accordance with the value of the Change Order or the calculated value of the time extension. In the
event Contractor fails to follow this procedure and performs additional Work without first obtaining
pre-approval in writing by the City, the Contractor shall not be entitled to any additional monies in
connection with the additional Work performed.
8.3 In the event satisfactory adjustment cannot be reached for any item requiring a change in the
Contract Amount, the City reserves the right at its sole option to either terminate the Agreement as
it applies to the items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or may submit the matter in dispute as set forth in the dispute resolution
procedures set forth in this Agreement.
8.4 On approval of any change increasing the Contract amount, Contractor shall ensure that the
Bonds are increased accordingly.
ARTICLE 9. SCOPE OF WORK MODIFICATION PROCEDURES
9.1 OWNER INITIATED MODIFICATIONS
The City will issue a detailed description of proposed changes in the Work that may require an
adjustment(s)to the Contract Amount or Contract Time. If necessary, the description will include
supplemental or revised drawings and specifications. Subsequent to notification of modifications
in the Work by City, Contractor shall submit a quotation estimating cost adjustments to the
Contract Amount and/or the Contract Time necessary to execute the change. Contractor shall
include the following information when responding:
• Include a list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made. If requested, furnish survey data to
substantiate quantities.
• Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
• Include costs of labor and supervision directly attributableto the change.
• Include an updated contractor's construction schedule that indicates the effect of the
change, including but not limited to, changes in activity duration, start and finish times,
and activity relationship.
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9.2 CONTRACTOR INITIATED MODIFICATIONS
If latent or unforeseen conditions require modifications in the contract,the Contractor may propose
changes by submitting a request for a change order to the City. Contractor shall use the change
order request form approved by the City for said modification requests. The following MUST be
• submitted/included by Contractor prior to any additional work being undertaken by Contractor;
failing which the Contractor shall not be paid for the additional work:
• A statement outlining reasons for the change and the effect of the change on the Work.
Provide a complete description of the proposed change. Indicate the effect of the proposed
change on the Contract Amount and the Contract Time.
• A list of quantities of products required or eliminated and unit costs, with total amount of
purchases and credits to be made. If requested, furnish survey data to substantiate
quantities.
• Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
• Cost of labor and supervision directly attributable to the change.
• Comply with any applicable product requirements if the proposed change requires
substitution of one product or system for product or system specified.
9.3 ALLOWANCES
Allowance Adjustment. To adjust allowance amounts, Contractor shall base each Change Order
proposal on the difference between purchase amount and the allowance, multiplied by final
measurement of work-in-place. If applicable, Contractor shall also include reasonable allowances
for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins.
Contractor also agrees to the following conditions:
• Include installation costs in purchase amount only where indicates as part of the
allowance.
• If requested, prepare explanation and documentation to substantiate distribution of
overhead costs and other margins claimed.
• Submit substantiation of a change in scope of work, if any, claimed in change orders
related to unit-cost allowances.
• The City reserves the right to establish the quantity of work-in-place by independent
quantity survey, measure, or count.
Contractor must submit claims for increased costs because of a change in scope or nature of the
allowance described in the contract documents, whether for the purchase order amount or
contractor's handling, labor, installation, overhead, and profit. Contractor shall submit claims
within fourteen (14) days of receipt of the change order or construction change directive
authorizing work to proceed. The City shall reject claims submitted later than fourteen (14) days
after such authorization. Contractor also agrees to the following conditions:
• Do not include Contractor's or subcontractor's indirect expense in the change order cost
unless it is clearly shown that the nature or extent of work has changed from what could
have been foreseen from information in the Contract Documents.
• No change to Contractor's indirect expense is permitted for selection of higher or lower
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priced materials or systems of the same scope and nature as originally indicated.
9.4 CHANGE ORDER PROCEDURES
On the City's approval of a proposal request, the City will issue a change order for signatures of
the City and the contractor on a form approved by the City.
9.5 CONSTRUCTION CHANGE DIRECTIVE
Construction Change Directive. The City may issue a construction change directive on a form
approved by the Ciiy. Construction change directive instructs Contractor to proceed with a change
in the Work, for subsequent inclusion in a change order. Construction change directive contains
a complete description of change in the Work. It also designates method to be followed to
determine change in the Contract Amount or the Contract Time.
Documentation. Contractor agrees to maintain detailed records on a time and material basis of
work required by the construction change directive. After completion of change directive,
Contractor shall submit an itemized account and supporting data necessary to substantiate cost and
time adjustments to the contract.
ARTICLE 10. WARRANTY OF CONSTRUCTION
The Contractor shall warrant that the Work conforms to the Agreement and is free of any patent
and/or latent defect of the workmanship for a minimum period of one year from the date of Final
Completion. This warranty shall be in addition to whatever rights the City may have under
applicable law. The Contractor's obligation under this warranty shall be at its own cost and
expense, to promptly repair or replace (including cost of removal and installation), that item
(or part or component thereof) which proves defective or fails to comply with the Agreement
within the warranty period such that it complies with the Agreement.
ARTICLE 11. CLEANING UP—THE CITY'S RIGHT TO CLEAN UP
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of the Work, Contractor shall remove all
its waste materials and rubbish from and about the Work areas as well as its tools, construction
equipment, machinery and surplus materials. If Contractor fails to clean up during the
prosecution of the Work or at the completion of the Work,the City may do so and the cost thereof
shall be charged to Contractor. Cleaning operations should be controlled to limit dust and other
particles adhering to existing surfaces.
ARTICLE 12. REMOVAL OF EQUIPMENT
In case of termination of this Agreement before completion for any cause whatsoever,
Contractor, if notified to do so by the City, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of the City. If the Contractor fails to comply with the
City's order, the City shall have the right to remove such equipment and supplies at the expense
of Contractor.
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ARTICLE 13. CONTRACT DOCUMENTS
The Contract Documents shall consist of this Agreement, Invitation To Bid No. 18-04-01, any
Addenda to the Invitation to Bid including any Supplemental Terms and Conditions, the
Contractor's response to the Invitation To Bid(a copy of which is attached hereto as Exhibit"A"),
the Bid Bond, the Payment and Performance Bond, approved written interpretations and
clarifications, awards and documentation, Field directives, Construction Change Directives, any
Change Orders issued thereto, and any modifications, duly issued after execution of the
Agreement. Any modification to this Agreement shall only be effective if it is reduced to writing,
and duly executed by both parties, except a Field Directive or Constructive Change Directive
shall be effective after approval and execution by the City. The general intent of the Contract
Documents is to include all items necessary for the proper execution and completion of the
Project by the Contractor.
ARTICLE 14. SITE INVESTIGATION AND REPRESENTATION
14.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water, electric
power, and roads, the conformation and conditions at the ground and all other matters which can
in any way affect the Work or the Contract Amount.
14.2 The Contractor further acknowledges that it has satisfied itself as to the character,
quality, and quantity of surface and subsurface materials to be encountered from evaluating
information included in the Contract Documents. Any failure by the Contractor to acquaint itself
with all the provided information will not relieve Contractor from responsibility for properly
estimating the difficulty or cost thereof under the Contract Documents.
ARTICLE 15. OWNERSHIP AND USE OF DOCUMENTS
The Drawings, Specifications and other documents prepared by the City and copies thereof
furnished to the Contractor, are for use solely with respect to this Agreement. They are not to be
used by the Contractor, Sub-Contractors, and/or material suppliers on other projects, without
the specific express written consent of the City. The Contractor, Sub-Contractors, and/or material
suppliers are granted only a limited license to use and reproduce applicable portions of the Drawings,
Specifications, and other documents prepared by the City or its designee, appropriate to and for use
in the execution of their Work under this Agreement.
ARTICLE 16. PLANS, SPECIFICATIONS AND WORKING DRAWINGS
16.1 The City shall have the right to modify the details of the Plans, Specifications, and Working
Drawings with additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Contract Documents.
16.2 Where the Contractor believes that the modification or supplement is outside the Scope
of the Work, the Contractor shall, within 72 hours, notify the City that the modification or
supplement is outside the scope of the Work. At that time the modification or supplement may be
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rescinded or the Contractor may be required to submit a request for a Change Order proposal.
Where the Contractor is notified of the City's position that the modification or supplement is
within the scope and the Contractor disagrees, the Contractor shall notify the City that the
Contractor reserves the right to make a claim for the time and monies based on the modification
or supplement. At no time shall the Contractor refuse to comply with the modification or
supplement.
16.3 When, in the opinion of the City, it becomes necessary to explain the Work to be done more
fully, or to illustrate the Work further, or to show any changes which may be required,
supplementary drawings, with specifications pertaining thereto, will be prepared by the City or its
Designee. Thesupplementarydrawings shall be binding upon Contractor with the same force as the
Contract Documents. Where such supplementary drawings require either less or more than the
original quantities of work, appropriate adjustments shall be made by Change Order.
16.4 The City shall have the right to approve and issue Supplemental Instructions setting forth
written orders, instructions, or interpretations concerning the Contract Documents or its
performance.
ARTICLE 17. CONTINUING THE WORK
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the City, including, without limitation, disputes or disagreements concerning a
request for a Change Order, the Contract Amount, the Contract Time, or Time for Completion.
The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements. All disputes shall be resolved in accordance with Article 34 pertaining to
Mediation and Arbitration of Disputes.
ARTICLE 18. AUTHORITY OF THE CITY
18.1 The City Manager or his designee shall determine or answer, all questions of any nature
whatsoever arising out of, under or in connection with, or in any way relating to or on account of
the Work, and/or as to the interpretation of the Work to be performed.
18.2 The Contractor shall be bound by all determinations or orders of the City Manager or
his designee and shall promptly respond to requests of the City Manager or his designee, including
the withdrawal or modification of any previous order, and regardless of whether the Contractor
agrees with the City Manager or their designee's determination or requests.
18.3 All instructions to the Contractor shall be issued in writing. All instructions to the
Contractor shall be issued through the City Manager or his designee.
18.4 The City shall have access to the Work areas during normal work hours, unless access
is required by the City due to health; safety or welfare of the City or the public. The Contractor
shall provide safe facilities for such access so the City may perform their functions under the
Agreement. The City will make periodic visits to the Work areas to become generally familiar with
the progress and quality of the Work, and to determine if the Work is proceeding in accordance with
the Contract Documents.
18.5 The City will not be responsible for construction means, methods, techniques, sequences
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or procedures, or for safety precautions and programs in connection with the Work, and will
not be responsible for the Contractor's failure to carry out the Work in accordance with the
Agreement.
18.6 The City Manager or his designee will have authority to reject Work that does not
conform to the Contract Documents requirements. Whenever it is considered necessary or
advisable to ensure the proper implementation of the Contract Documents, the City will have
authority to require special inspections or testing of the Work, whether or not such Work is
fabricated, installed or completed. Neither the City Manager or their designee's authority to act
under this Article, nor any decision made by the City Manager or their designee in good faith
either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of
the City to the Contractor, any Sub-Contractor, supplier or any of their agents, employees, or any
other person performing any of the Work.
18.7 The City will not be responsible for the acts or omissions of the Contractor, or anyone
employed or contracted directly or indirectly by the Contractor including any Sub-Contractor, or
any of their agents or employees, or any other persons performing any of the Work.
ARTICLE 19. DEFECTIVE WORK
19.1 The City shall have the authority to reject or disapprove Work which is found to be
defective. If defective work is found, Contractor shall promptly either correct all defective work
or remove such defective Work and replace it with non-defective Work. Contractor shall bear all
direct and indirect costs of such removal or corrections including cost of testing laboratories
and personnel.
19.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the
time indicated in writing by the City Manager or his designee, the City shall have the authority to
cause the defective work to be removed or corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by the City in making such removals, corrections or
repairs, shall be paid for out of any monies due or which may become due to Contractor, or may
be charged against the Payment and Performance Bond. In the event of failure of Contractor to
make all necessary repairs promptly and fully, which is not cured in the Cure Period, the City may
declare Contractor in default.
19.3 If, within one (1) year after the date of Final Completion or such longer period of time
as may be prescribed by the terms of any applicable special warranty required by the Contract
Documents, or by any specific provision(s) of the Contract Documents, any of the Work is found
to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written
notice from the City Manager or his designee shall promptly correct such defective or nonconforming
Work within the time specified by the City Manager or his designee without cost to the City.Nothing
contained herein shall be construed to establish a period of limitation with respect to any other
obligation which Contractor might have under the Contract Documents including but not limited
to any claim regarding latent defects.
19.4 Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate the City to final acceptance.
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ARTICLE 20. CORRECTION OF WORK
Where the City becomes aware of faults, defects or non-conformity in any of the Work provided
under this Agreement or with the Work being performed by the Contractor, the City shall issue a
Notice to Cure to the Contractor for correction. Thereafter, the Contractor shall have the Cure
Period within which to cure the defective work. However, in the event the Contractor becomes
aware of faults, defects or non-conforming Work that presents a threat to the health, safety or
welfare of residents within the City, the Contractor shall take immediate measures to cure the
defective work and the seven (7) day Cure Period shall not apply. In no event shall the failure of
the City to bring to the attention of the Contractor such faults act as a waiver or release the
Contractor from responsibility or liability for such fault, defect or non-conforming Work.
ARTICLE 21. WARRANTY OF MATERIALS AND EQUIPMENT
21.1 Contractor warrants to the City that all materials and equipment furnished under this
Agreement will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents. All
equipment and materials not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by City, Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by any other provisions within the Contract Documents.
21.2 Contractor shall provide to the City all manufacturers'warranties.All warranties,expressed
and/or implied, shall be given to the City for all material and equipment covered by this
Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor
against factory defects and workmanship. At no expense to the City, the Contractor shall
correct any and all apparent and latent defects that are required by Florida law. The Contract
Documents may supersede the manufacturer's standard warranty.
ARTICLE 22. CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
22.1 Without invalidating the Agreement and without notice to any Surety, the City reserves
and shall have the right, from time to time to make such increases, decreases or other changes in
the character or quantity of the Work as may be considered necessary or desirable to complete fully
and acceptably the proposed construction in a satisfactory manner. Any extra or additional work
must be issued in writing in accordance with the requirements of this Agreement.
22.2 . Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto, with the same formality and of equal dignity prior to
the initiation of any Work reflecting such change. This Article shall not prohibit the issuance of
Change Orders executed only by the City as hereinafter provided.
22.3 Contractor shall increase or decrease the value of the Performance and Payment Bonds
to reflect the Contract Amount, as it may be revised.
ARTICLE 23. OSHA COMPLIANCE AND SAFETY PRECAUTIONS
23.1 The Contractor warrants that it will comply with all safety precautions as required by
federal, state or local laws, rules, regulations and ordinances
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23.2 Contractor warrants that it will adhere to the applicable environmental protection
guidelines for the duration of the Work. If hazardous waste materials are used, detected or
generated at any time, the City Manager or his designee must be immediately notified of each
and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and
other legal requirements of public authorities (including, without limitation, OSHA, EPA,
DERM, the City of Sunny Isles Beach, Miami-Dade County, State of Florida, and Florida
Building Code) which bear on the performance of the Work.
23.3 If an emergency condition should develop during the Work, the Contractor must
immediately notify the City Manager or his designee of each and every occurrence. The
Contractor should also recommend any appropriate course(s) of action to the City.
ARTICLE 24. PRIORITY OF PROVISIONS
24.1 If there is a conflict or inconsistency between any term, statement requirement, or
provision of any Exhibit or Attachment hereto, any document or events referred to herein, or any
document incorporated into the Contract Documents by reference and a term, statement,
requirement, specifications and plans,or provision of the Contract Documents,the following order
of precedence shall apply:
24.2 In the event of conflicts in the Contract Documents the order of precedence stated
below shall govern.
• Revisions and Change Orders to this Agreement
• This Agreement, as it may be amended from time to time
• Plans and Specifications
• ITB No. 18-04-01, and any addendums issued thereto
• Contractor's Response to ITB No. 18-04-01
Where provisions of laws, codes, manufacturer's specifications or warranties or
industry standards are in conflict, the more restrictive or higher quality shall govern
24.3 In the event of conflicts with the plans and specifications, the priorities stated below
shall govern:
• Schedules, when identified as such shall govern over all other portions of the
plans
• Specific notes shall govern over all other notes, and all other portions of
the plans, unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
• Figured or numerical dimensions shall govern over dimensions obtained
by scaling
• Where provisions of codes, manufacturer's specifications or industry
standards are in conflict, the more restrictive or higher quality shall govern
24.4 In the event omissions in the Contract Documents are not complete as to any incidental
detail of construction or construction system or with regard to the manner of combining or
installing equipment, parts, or materials, such detail shall be deemed to be an implied requirement
of the Contract Documents. "Minor Detail" shall include the concept of substantially identical
components, where the price of each such component is small. The quality and quantity of the
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equipment, material, or part so furnished shall conform to trade standards and be compatible with
the type, composition, strength, size and profile of the equipment, materials or parts otherwise
specified in the Contract Documents.
ARTICLE 25. NOTICES
Whenever either party desires to give written notice to the other, such must be addressed to the party
for whom it is intended at the place last specified; and the place for giving of notice shall remain
such until it shall have been changed by written notice given in accordance with the provisions of
this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if
mailed through the United States Postai Service. Notice shall be deemed given on the date sent
via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial
delivery date by the courier/delivery service. For the present, the parties designate the following
as the respective places for giving of notice:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Ave. 4th Floor City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Ave. 4th Floor
Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1766
If to the Nick Lee
Contractor: President
All Webbs Enterprises, Inc.
309 Commerce Way
Jupiter, FL 33458
Tel: (561) 746-2079
Fax: (561) 746-4199
Email: Nick@allwebbs.com
ARTICLE 26. INDEMNIFICATION
26.1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents,
directors, and employees,from any and all claims, liabilities,damages, losses,and costs, including,
but not limited to reasonable attorney's fees, and costs to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of Contractor and/or persons employed or utilized
by Contractor in the performance of any Work under this Agreement. These indemnifications
shall survive the term of this Agreement. In the event that any action or proceeding is brought
against the City by reason of any such claim or demand, Contractor shall, upon written notice from
the City, resist and defend such action or proceeding by counsel satisfactory to the City.
26.2 The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for
such defense, at City's option, any and all claims of liability and all suits and actions of every
name and description covered by this Article, which may be brought against the City
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whether performed by Contractor, or persons employed or utilized by Contractor.
26.3 This indemnity will survive the cancellation or expiration of this Agreement.
This indemnity will be interpreted under and construed to conform to the laws of the State of
Florida.
26.4 Contractor shall require all Sub-Contractor agreements to include a provision that they
shall indemnify the City.
ARTICLE 27. INSURANCE REQUIREMENTS
27.1_ Contractor shall not start Work under this Agreement until it has delivered to the City
certificates of insurance clearly indicating that the Contractor is in compliance with the Insurance
Requirements required by Section 2.12 of ITB No. 18-04-01 which is incorporated herein by
reference.
27.2 Contractor shall maintain coverage with equal or better rating as required herein for the
term of this Agreement. Contractor shall provide written notice to the City Manager or his designee
of any material change, cancellation and/or notice of non-renewal of the insurance at least 30
(thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of the
insurance policy or policies upon request of the City Manager or his designee.
27.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to the
City Manager or his designee within ten(10)days of written request. If the initial insurance expires
prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty
(30) days prior to the date of their expiration.
27.4 The City reserves the right to require modifications, increases,or changes in the Insurance
Requirements, and shall provide a thirty (30) day written notice thereof to the Contractor.
ARTICLE 28. PAYMENT AND PERFORMANCE BOND
28.1 Performance and Payment Bond. Contractor shall provide the following performance
and payment bond in connection with the Work.
28.2 The Contractor shall furnish a Performance and Payment Bond within ten (10) calendar
days after issuance of the Notice of Award by the City in an amount of Six Hundred Ninety Four
Thousand Nine Hundred Dollars (5694,900.00) guaranteeing to City the full payment of all
suppliers, material, laborers, or Sub-Contractors employed pursuant to the Work described in this
Agreement. The Performance and Payment Bond shall be with a Surety company meeting the
qualifications of the Contract Documents. The Performance and Payment Bond shall continue in
effect for one and one half years after final completion and acceptance of the Work described in
this Agreement. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Contractor
shall ensure that the Performance and Payment Bond referenced above shall be recorded in the
public records of Miami-Dade County and provide City with evidence of such recording. The
Performance and Payment Bond must be executed by a Surety company authorized to do business
in the State of Florida as a surety, having a resident agent in the State of Florida and having been
in business with a record of successful continuous operation for at least five (5) years. The Surety
company shall hold a current certificate of authority as acceptable surety on federal bonds in
accordance with the United States Department of Treasury Circular 570, current Revisions. City
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will accept a surety bond from a company with a rating B+ or better.
28.3 Additionally, the performance and payment bond shall state as follows:
"This bond is issued in compliance with Section 255.05, Florida Statutes (2001 Supp.), as may be
amended. A claimant, except a laborer, who is not in privity with the Contractor shall, before
commencing or not later than 45 days after commencing to furnish labor, materials, or supplies for
the prosecution of the work, furnish the Contractor with a notice that he or she intends to look to
the bond for protection. A claimant who is not in privity with the Contractor and who has not
received payment for his or her labor, materials, or supplies shall deliver to the Contractor and to
the surety written notice of the performance of the labor or delivery of the materials or supplies
and of the nonpayment. The notice of nonpayment may be served at any time during the progress
of the work or thereafter but not before 45 days after the first furnishing or labor, services, or
materials, and not later than 90 days after the final furnishing of the labor, services or materials by
the claimant or, with respect to rental equipment not later than 90 days after the date the rental
equipment was last on the job site available for use. No action for the labor, materials, or supplies
may be instituted against the Contractor or the surety unless both notices have been given. Notices
required or permitted under this section may be served in accordance with S.713.18."
ARTICLE 29. PROJECT REPORTING REQUIREMENTS
29.1 The Contractor shall furnish two high quality field copies of the various geophysical logs
to the Engineers immediately following logging operations. The Contractor shall deliver seven
final copies prepared by the logging company to the Engineer prior to completion of the work.
29.2 The Contractor shall keep a daily activity log once the work is started and until completed.
The daily log will describe the nature of conditions encountered, the work done during each day,
items of work accomplished, materials used during each day, the water level in the well at the
beginning and end of each shift, and other pertinent data as required by the Engineer.The City will
utilize this information to prepare reports to the appropriate regulatory agencies if required.
ARTICLE 30. THE CITY'S RIGHT TO TERMINATE
30.1 The City has the right to terminate this Agreement for any reason or no reason, upon
ten (10) days prior written notice to the Contractor stating the date upon which Contractor shall
cease all Work under this Agreement. Upon termination of this Agreement, all charts, sketches,
studies, drawings, reports and other documents, including electronic documents, related to Work
authorized under this Agreement, whether finished or not, must be turned over to the City. The
Contractor shall be paid in accordance with provisions of this Agreement, provided that said
documentation is turned over to the City within.twenty (20) business days of termination.
Failure to timely deliver the documentation shall be cause to withhold any payments due
without recourse by Contractor until all documentation is delivered to the City.
30.2 If Contractor fails to comply with any term or condition of this Agreement, or fails
to perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default which is not cured within the Cure Period, in addition to all remedies
available to it by law, the City may immediately, upon written notice to Contractor, terminate
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this Agreement whereupon all payments, advances, or other compensation paid by the City to
Contractor while Contractor was in default shall be immediately returned to the City. The City
may also suspend any payment or part thereof or order a Work stoppage until such time as the
issues concerning compliance are resolved. Contractor understands and agrees that
termination of this Agreement under this Article shall not release Contractor from any obligation
accruing prior to the effective date of termination.
30.3 In the event of termination due to default, in addition to the foregoing Contractor shall be
liable for all costs and expenses incurred by the City in the re-procurement of the Work under this
Agreement. In the event of Default, the City may also issue a Notice to Cure and suspend or
withhold payments to Contractor untii such time as the actions giving rise to default have been
cured.
30.4 A finding of default and subsequent termination for cause may include, without
limitation, any of the following:
30.4.1 Contractor fails to obtain and deliver to the City the Insurance
certificates, the Bonds, and the Permits in the manner and within the
time herein required.
30.4.2 Contractor fails to comply with any of its duties under this Agreement,
with any terms or conditions set forth in this Agreement beyond the
specified period allowed to cure such default.
30.4.3 Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as
required by this Agreement.
30.5 Except as otherwise provided for in this Agreement, the City shall provide Written
Notice to Cure to Contractor as to a finding of default, and Contractor shall take all necessary
action to Cure said default within the Cure Period. The City may extend the Cure Period at
its sole discretion or terminate the Agreement upon failure of the Contractor to cure such default
in the specified timeframe.
ARTICLE 31. UNDISCLOSED LOBBYIST OR AGENT
Contractor warrants that it has not employed or retained any company or person to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. The City shall have
the right to terminate this Agreement, without giving Contractor the opportunity to Cure, in the
event of a breach of this provision.
ARTICLE 32. PUBLIC ENTITY CRIMES
In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person
or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of a public building or public work, may not submit bids on leases of real
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property to the City,may not be awarded or perform work as a contractor, supplier, subcontractor,
or sub-consultant under a contract with the City, and may not transact any business with the
City in excess of certain amounts provided in Section 287.017, Florida Statutes. Violation of
this section by Contractor shall result in termination of this Agreement and may result in
Contractor's debarment.
ARTICLE 33. MATERIALITY AND WAIVER OF BREACH
33.1 The City and Contractor agree that each requirement,duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Agreement.
33.2 The City's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
ARTICLE 34. FORCE MAJEURE
Should any party fail to perform its obligations under this Agreement due to a condition of force
majeure, as that term is interpreted under Florida law, and specifically including but not limited
to Acts of God, Hurricanes, Tropical Storms, fire, flood, earthquakes and the unavailability of
materials, equipment or labor resulting from said events, then the time for performance of said
obligation hereunder will be extended by a period reasonably commensurate with the cause of
such failure to perform or cure. If the Contractor is delayed in performing any obligation under
this Agreement due to a force majeure condition, the Contractor shall request a time extension
from the City Manager or his designee within three (3) working days of said force majeure
occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for
any claim by the Contractor for extra compensation unless additional services are required.
Events of Force Majeure do not include acts or omissions of Sub- Contractors.
ARTICLE 35. MEDIATION AND ARBITRATION OF DISPUTES
The merits of any dispute arising under,out of, in connection with,or in relation to this agreement,
or the making or validity thereof, or its interpretation, or any breach thereof, shall be determined
and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the
Commercial Arbitration Rules then obtaining of the American Arbitration Association. If
the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall
be held before the American Arbitration Association. Any award rendered shall be final and
conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of
the State of Florida having jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute
amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either
party may give notice for a Mediation session before a Mediator appointed by mutual agreement
(hereinafter the "Mediator"). If the parties are unable to agree upon the selection of a mediator,
such mediation shall be held before the American Arbitration Association. The Mediator shall
make a recommendation to the parties in the form of a written mediated settlement
agreement. Each party to the dispute shall sign such agreement after receipt of the same or
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•
immediately file a demand for Arbitration, in which event the parties shall proceed to Arbitration
in accordance with the previous paragraph.
All costs of the Arbitration, including Mediation and the legal action to confirm and enforce
the arbitrator's award, as the case may be, including the reasonable legal fees of both parties
shall be paid by the non-prevailing party, or, if neither party prevails on the whole,each party shall
be responsible for a portion of the costs of Arbitration and Mediation as may be determined by the
court on confirmation.
ARTICLE-36. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement,
or arising out of this Agreement, shall be brought in Miami-Dade County, Florida.
ARTICLE 37. PERMITS AND LICENSES ("PERMITS")
Except as otherwise provided within the Agreement, all permits and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant to this Agreement shall be secured and paid for by Contractor.
It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency,
valid for the Work to be performed and valid for the jurisdiction in which the Work is to be
performed for all persons for whom a Certificate of Competency is required.
ARTICLE 38. AUDIT RIGHTS
38.1 Contractor's records which shall include but not be limited to accounting records,payroll
time sheets, cancelled payroll checks, W-2's, 1099's, written policies and procedures, computer
records, disks and software, videos, photographs, subcontract files, originals estimates,
estimating worksheets, correspondence, change order files (including documentation covering
negotiated settlements), and any other supporting evidence necessary to substantiate charges
related to this Agreement (all the foregoing hereinafter referred to as "records') shall be open
to inspection and subject to audit and/or reproduction, during normal working hours, by
the City to the extent necessary to adequately permit evaluation and verification of any invoices,
payments or claims submitted by the Contractor or any of his payees pursuant to the execution of
the Agreement. Such records subject to examination shall also include, but not be limited to, those
records necessary to evaluate and verify direct and indirect costs (including overhead allocations)
as they may apply to costs associated with this Agreement.
38.2 Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119,
shall be kept in accordance with such statute. Otherwise, for the purpose of such audits,
inspections, examinations and evaluations, the City shall have access to said records from the
effective date of this Agreement for the duration of the Work, and until 5 years after the date of
final payment by the City to Contractor pursuant to this Agreement.
38.3 The City's agent or its authorized representative shall have access to the Contractor's
facilities, shall have access to all necessary records, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with this provision. The City
or its authorized representative shall give auditees reasonable advance notice of intended
audits.
38.4 If an audit inspection or examination in accordance with this Article discloses
overcharges in excess of 1% except negotiated fees by the Contractor to the City, the actual cost
of the City's audit shall be paid by the Contractor. If the audit discloses contract billing or charges
to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum
within 20 days of receipt of a written demand unless otherwise agreed to by both parties in
writing.
ARTICLE 39: COMPLIANCE WITH LAWS, NONDISCRIMINATION, EQUAL
EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT
39.1 Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations
and resolutions and all applicable guidelines and standards in performing its duties,
responsibilities, and obligations related to this Agreement, including specifically, but without
limitation, where applicable, the Contract Work Hours and Safety-Standards Act, the Lead-
Based Paint Poisoning Prevention Act and any other laws, ordinances and regulations made
applicable to this Agreement by the Contract Documents or the source of funds.
39.2 Contractor warrants and represents that it does not and will not engage in discriminatory
practices and that there shall be no discrimination in connection with Contractors performance
under this Agreement on account of race, color, sex, religion, age, handicap, marital status or
national origin. Contractor further covenants that no otherwise qualified individual shall, solely
by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be
excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
39.3 Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act(ADA) in the course of providing any services funded by the City, including Titles
I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
ARTICLE 40. PUBLIC RECORDS
The Consultant shall be required to comply with the following requirements under Florida's Public
Records Law:
(i.) Consultant shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Consultant shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.)Consultant shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Consultant does not
transfer the records to the City.
(iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Consultant or keep and maintain public records required by the
City to perform the service. If the Consultant transfers all public records to the City upon
completion of the contract, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Consultant
keeps and maintains public records upon completion of the contract, the Consultant shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Consultant to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF
PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor,
Sunny Isles Beach, Florida 331
ARTICLE 41. INDEPENDENT CONTRACTOR
Contractor is an independent contractor under this Agreement. Services provided by Contractor or
on Contractor's behalf pursuant to this Agreement shall be subject to the supervision of
Contractor. In providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. Contractor further understands that Florida Workers'
Compensation benefits available to employees of the City are not available to Contractor, and
agrees to provide workers' compensation insurance for any employee, or entity working for the
Contractor rendering services to the City under this Agreement. This Agreement shall not
constitute or make the parties a partnership or joint venture.
ARTICLE 42. SUCCESSORS AND ASSIGNS
42.1 The performance of this Agreement shall not be transferred, pledged, sold, delegated,or
assigned, in whole or in part, by the Contractor without the express written consent of the City. It •
is understood that a sale of the majority of the stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City
approval.
42.2 The Contractor's services are unique in nature and any transference without City
approval shall be cause for the City to nullify this Agreement. Any assignment without the
City's consent shall be null and void. The Contractor shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax
returns from any proposed assignee and the execution of an assignment/assumption
agreement in a form satisfactory to the City Attorney as a condition precedent to considering
approval of an assignment.
23
ARTICLE 43. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and the Agreement is subject
to amendment or termination due to lack of funds,reduction of funds and/or change in regulations,
upon thirty (30) days written notice.
ARTICLE 44. JOINT PREPARATION- INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutuai •
intent and no rule of strict construction shall be applied against either party hereto. The
headings contained in this Agreement are for reference purposes only and shall not affect in any
way the meaning or interpretation of this Agreement. All personal pronouns used in this
Agreement shall include the other gender, and the singular shall include the plural, and vice
versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder,"
and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article,
paragraph, or section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section or Article, unless the
reference is made to a particular subsection or subparagraph of such section or article.
ARTICLE 45. AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as
this Agreement and executed by the City and Contractor.
ARTICLE 46. SEVERABILITY
in the event that any provision of this Agreement is determined by a Court of competent
jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be
excised from this Agreement, and the remainder of this Agreement shall continue in full force and
effect.
ARTICLE 47. ENTIRE AGREEMENT
This Agreement, together with the Contract Documents, represent the entire and integrated
agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, written or oral. This Agreement may not be amended, changed,
modified, or otherwise altered in any respect, at any time after the execution hereof, except by a
written document executed with the same formality and equal dignity herewith. Waiver by either
party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any
other breach of any provision of this Agreement.
24
1
i
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
i
WITNESS: ALL WEBBS ENTERPRISES, INC.
7 ( 1 di9tx,, ee_, BY: \ ' 4 .
Signature v
David Webb Jr., Vice President
ik3z c oma+ s CEE .
Print-Name
ATTEST; A CITY OF SUNNY ISLES BEACH
f, tBYr �itai
l�%�'1F� BY �. `/
Maurtei.�:etas. Ir. CMC. City Clerk Christo. ler J. 'usso, City Manager
` 'fr
t i )%:3''*%'..
APPROVED AS TO FORM AND
• LEGAL SUFF/ IENCY
1111
0
B IMP
f'VI
, City Attorney
1
25
1
1
•
C►IY:OF SUNNY ISLES BEACH =
- - • - 18070 Collins:Avenue• .
Sunny Isles.Beach, Florida 33160: �,o"" 'j�,,
v s -' - 305 947 0606 • ° °R
wwH sibfl net :O- L-
Vol
bRZG Z14t- APR.3:0 2018 'i• 1.01‘(1 3
c�4 Of SUS�a
City of Sunny Isles Beach
Office of the City Clerk
The City retains the igh to rcquc.st any additional information pertaining to •thea• •
Contractor's ability, qualifications, and procedures used to accomplish all work under the
contract as it deems necessary to•ensure safe and satisfactory work.
6. Corporate Standing and Authorized Signatory
• Respondent must demonstrate that the company is in good standing and that the person
signing this submittal is an Authorized Signatory on behalf of the respondent to sign bids,
proposals, negotiate and/or sign contracts, agreements, amendments and related
documents to which the respondent will be duly bound. The respondent must provide a
copy of the State Certificate of good standing listing the officers of the company. If the
signatory is not one of the officers listed on the State Certificate, the respondent must
provide one of the following forms of evidence of Signatory Authority with its response:- .
a. A copy of firm's Articles of Incorporation listing the approved signatories of the
corporation;
•
b. A copy of a resolution listing the members of staff as authorized signatories for the
firm; and
® c. A letter from a corporate officer listing the members of staff that are authorized
signatories for the firm.
7. Litigation History
CONTRACTOR shall provide a summary of any litigation or arbitration that the
CONTRACTOR, its parent company or its subsidiaries have been engaged in or are currently
engaged in, during the past five (5) years against or involving (1) any public entity in
Florida for any amount (2).any private entity for an amount greater than $100,000. The •
summary shall state the nature of the litigation or arbitration, a-briefdescription of the
• case, the outcome or projected outcome, and the monetary amounts involved. The CITY
may disqualify any CONTRACTOR it determines to be excessively litigious.
8. Forms and Attachments
Enclosed Forms;
Respondent must complete, sign as required, and submit the Addenda and all forms
Firm's Current Certificate(s) of Insurance; and Attach a financial statement including
bidder's latest balance sheet and income statement.
END OF SECTION
•
EXHIBIT "A"
410
City of Sunny Isles Beach I Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01 25:.
•
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SECTION 4 .
BID FORM 1
DELIVER TO:
City of Sunny Isles Beach ,
City Clerk OPENING: 2:30 P.M.
18070 Collins Avenue Monday,April 30, 2018
Sunny Isles Beach, FL 33160
PLEASE QUOTE PRICES, LESS TAXES, FOR THE
CITY OF SUNNY ISLES BEACH, FLORIDA
- NOTE: City of Sunny Isles Beach is exempt from all taxes(Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
•
Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of
1 GENESIS CUEVAS 04/02/2018 Pages 26+
• 4110
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address
shown above until the above stated time and date, and at that time, publicly opened for furnishing the
supplies or services described in the accompanying Bid Submittal Requirement.•
RFP 18-04-01
NORTH BAY ROAD DRAINAGE Ii+IPROVEMENTS •
PROCUREMENT AGENT: FIRM NAME:
GENESIS CUEVAS 7L
A(,4_
\ C5 eni l(.3.99..-15 C5 ,
COMMODITY CODE(S):
RETURN ONE ELECTRONIC COPY (FLASHDRIVE OR CD) ONE ORIGINAL AND FOUR COPIES OF BID
SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 28 OF SECTION 4 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
t w0
City of Sunny Isles Beach I Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01 26 F •ti t
•
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.rte .moi,, - CITY.OF SUNNY ISLES BEACH . • • _
> _ . _ -k-; 18070 Collins Ayenue-
- - -1. -Sunny-Isles Beach Flonoa-33160 • -. - so"`'std.
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C,^,07 SUN P-14
Bid Title: North Bay Road Drainage Improvements
• THE UNDERSIGNED BIDDER PROPOSES AND AGREES, IF THIS BID IS ACCEPTED, TO ENTER
INTO AN AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH TO PERFORM AND FURNISH
ALL WORK AS SPECIFIED OR INDICATED IN THE CONTRACT DOCUMENTS FOR THE CONTRACT
PRICE AND WITHIN THE-CONTRACT TIME INDICATED IN THIS BID AND IN ACCORDANCE
WITH THE OTHER TERMS AND CONDITIONS OF THE CONTRACT DOCUMENTS.
The Bidder accepts all of the terms and conditions of the ITB and Instructions to Bidders, including without
limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for
90 days after the day of Bid opening. The Bidder agrees to sign and submit the Agreement and other
documents required by this ITB within ten days after the date of the City's Notice of Award.
IN SUBMITTING THIS BID, THE BIDDER REPRESENTS, AS MORE FULLY SET FORTH IN THE
AGREEMENT, THAT:
•
• The Bidder has familiarized himself/herself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect
cost, progress, performance, or furnishing of the Work.
40 • The Bidder has given the City written notice of all conflicts, errors, discrepancies that it has discovered I
in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder. I
• This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other
Bidder to submit a false or sham Bid; the Bidder has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any
advantage over any other Bidders or over the City.
The Bidder understands and agrees that the Bid is for unit prices to furnish and install individual Work
Items for maintenance and/or repair work, complete in place. Estimates are provided for the purpose of
Bid evaluation and to establish unit prices for individual Work Items for maintenance and/or repair work to
be contracted by the City under individual Purchase Orders, based on the unit prices established under this
Bid.
The City and the successful Bidder will establish completion times for each individual Work Item and the
successful Bidder agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
Exact Legal Company Name: ALL W C1343 S E tJTE g-P , SES IA)c •
Business Name (dba), if any:
Street Address: 30 9 C�rn EAE RCE. L)p -U P ZZ C-dz FL 33 4.1-S-6
i® Mailing Address (if different):
City of Sunny Isles Beach I Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01 ,_27.. •ji
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Telephone No.: C 5 61 ) 7 O 1 9
FaxNo.: C k J 7LT- 6 - I" I99
Email Address: ALL W c.?.B$ . A LL W r---$ BS . CO M
FEIN No.: 5 9 - lci- I - i 1 64+ •
*By signing this document the bidder agrees to all Terms
A..k.i,c..9
Authorized Signature: 1
•
Print Name: t AQ -1--9 W ISS - !Z
• Title: LCC T ZC 5-a_D er t 7
•
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO.BE
BOUND BY THE TERMS OF ITS BID. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID NON-
RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID THAT
INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE
TERMS OF ITS OFFER.
S
City of Sunny Isles Beach I Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01 -, ',` �. _
• 1: 'CITY OF SUNNY ISIES BEACH
{ 18070 Collins Avenue • _''
�' ' Sunny=isles Beach Florida 33160 " sow"'it
i t — - 305 9470606 ,0 , e
•FLOE 4•
ofsUt
BID FORM 2
QUALIFICATION REQUESTS
Contractor to list projects of similar project scope fulfilling the following qualification
requests:
• 1. List Project Management Personnel, include resumes. Personnel cannot be changed
without written approval.
* Principal in charge
* Project Manager
* Superintendent
2. How man years has your organization been in business as a General Contractor?
1 5 • `I A-0145
3. List minimum of three (3) previous similar public Bid projects, include: Project Name,
Owner, Project Address, Contact person, Phone, Contract Amount, Date of Completion and
Description of Work.
See Li5T
4. Have you personally inspected the proposed work, are there any concerns that may
impede your performance on this project?
1E5 ) (JO (O,Jccgt4 S
5. Will you subcontract any part of this work? If so, give details such as the subcontractor
name, address, phone number and type of work to be performed. Also, indicate the
percentage of the total work to be performed by the subcontractor.
0
City of Sunny Isles Beach IInvitation to Bid No. North Bay Road Drainage Improvements 18-04-01 = `
..y t >,x� t° ",iY '^'rSrY�,� f;7'j� y -s. � a- �' . .r •.. ti. F a- "'� •
p �, r u � 4 CITY OF SUNi�IY BEACH ..
a5'� ••lA'>. t '�; ' is 1. '7 _ .yds.. 4 �.� s• -
�yy n �P�t +��kP Y 1 v �,.�l:Qll�^s Avenue _ 8' S y s • ..;�
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, "= 05 947 0606 to "�r , „4.1F0; �k
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6. What equipment will you purchase for the proposed work?
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7. What equipment will you rent for the proposed work?
k o n14
8. The business is a (sole proprietorship) (partnership) (corporation) and name of owner:
Coa.Potzp,-r-toJ - ➢AQ-1,0 W X1313
CONTRACTORS MUST ATTACH LICENSES,TRAININGS AND CERTIFICATIONS OF CONTRACTOR AND
SUBCONTRACTORS
•
City of Sunny Isles Beach I Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01
^ i _ "1'-"� xJrrf r� 2 rpt 'Y-� "t' _
,; ; f 't_s CITY OF SUNNY ISLES EEACt �.
} � � x y 18070 Collins Avenue
•�j £S}� "' s j F 5unm•/Isles Beach Florida 33160 '� s�"" `�tP,
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•
BID FORM 3
ADDENDA ACKNOWLEDGEMENT
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
UST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS
ITB
Addendum #1, Dated WEe?--"S °ZOr"6
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
4111 Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS ITB
FIRM NAME: ' `LL W €?-3_5 ��T6R-P�ZSes
SIGNATURE:
TITLE: V TC'C TZ.0 2D 0—t
410 DATE: / a7/1
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BID FORM 4 f~
BID PRICING
City of Sunny Isles Beach I Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01 32.. <+a v 0-.:
•
BID FORM
la BASE
Item Estimated Extended
No Description Quantity Unit Price Amount
1 General Conditions %of Total Bid Price (max. 1 LS $ 1Jy2�,Oc�O
Allowable 10%) ' l/
Mobilization/Demobilization %of Total Bid Price 1 LS �, Loc
(max. Allowable 8%)
3 Remove and Replace Steel Grate on Well Casing Riser 20 EA i , p tap oDD
4 "Before" Downhole Video
Clean-out the Concrete Well Structure and Open Hole Well5 ')0 EA e ifm-togFDippU
Casing
6 Well Development including Jetting with Simultaneous Airlift ")0EA 7,5� I Dov
Development t
7 "After" Downhole Video 20 EA .9 1.<-6.0 t/c-0-0
8 Site Restoration 1 LS r}-7(Nmo $-.ygD
Total Base Bid(sum of Items 1 through 8) •
9
—W e.e (,c n.otre oQ otilkats s 338,.
(In Wads) I (In Numbers)
ALTERNATES
Item Estimated Extended
Niko. Description
Quantity Unit Price
Amount
9 Furnish and Install 20-inch diamater PVC Liner 1,600 LF K 1134,k
10 Cement Grout 1,200 94 lb. Sk 4-1, le fop,BOv
11 "Well Yield" Test 20 EA Jo() (g' 6,6p
12a Outfall Cleaning and CCTV Inspection (10" through 24") 500** LF G O 07-e,
12b Outfall Cleaning and CCTV Inspection(24" through 42") 500** P LF g co � ZO
Furnish all materials, labor, and equipment to construct and
13 install CheckMate Inline Tideflex valves with all fittings;
- -
including excavation, grading, removal,and disposal of soil
and debris and all other necessary appurtenances.
13a 10" CheckMate Inline Tideflex valves 1 EA 51 S4- Yb
13b 12" CheckMate Inline Tideflex valves I EAIII ;S.1 •
13c 16" CheckMate Inline Tideflex valves 1 EA 7 S71c7
13d 18" CheckMate Inline Tideflex valves 1 EA ,g /...o/ e200
13e 20" CheckMate Inline Tideflex valves 1 EA
$ //�300
l3f 24" CheckMate Inline Tideflex valves I EA $ /3 c700
13g 30" Checklviate Inline Tideflex valves 1 EA t /9; 900
13h 36" CheckMate Inline Tideflex valves I EA 2.j.f( DD-O
13i 42" CheckMate Inline Tideflex valves 1 EA 33 D-VC)
0
Page 1 of 2
Item Estimated Extended
No Description Quantity Unit Price Amount
Furnish all materials, labor, and equipment to construct and
install ALUMINUM manatee grate, with all fittings; including
14 excavation,grading, removal,and disposal -of soil and debris and all or other necessary appurtenances
•
14a 10" ALUMINUM Manatee Grate 1 EA — /1
14b 12" ALUMINUM Manatee Grate 1 EA Sl ‘8°
14c 16" ALUMINUM Manatee Grate 1 EA — d ip
14d 18" ALUMINUM Manatee Grate 1 EA --
l4e 20" ALUMINUM Manatee Grate 1 EA /2S' '
14f 24" ALUMINUM Manatee Grate •
1 EA —
14g 30" ALUMINUM Manatee Grate 1 EA
14h 36" ALUMINUM Manatee Grate I EA /'O
14i 42" ALUMINUM Manatee Grate 1 EA 4 2)?-20
Design-Build services that may include but not limited to
•
15 engineering design,testing,permitting with all applicable
agencies, materials, labor, and equipment to convert selected
drainage wells to injection wells.
Total Base Plus Alternates(sum of Items through 15)
'J2d ft.t ytp.
fitualitcfW1
(In Words) (In\uknbers)
*Bidder shall indicate the percentage(%) in the blank provided on the Bid Form for Pay Items 1 and 2. Refer to Section
012025 Measurement and Payment of the technical specifications for additional detail for all Pay Items.
**Quantity shown is for estimation purposes only. Actual quantity may vary.
•
•
•
Page 2 of 2
•0' 5 • " CITY:OF"SUNNY.ISLES BEACH •
--18070 Collins Avenue_ _ •
F Sunny.Isles Beach,'Florido 33160 ""r iso• -'
A
F ; _ ""305.947.0606" °
��• i rr 114 t {3 r r 4 www.sibfl.net .- ~%A•
_-'� `2►i--:iY. _ _• .. fir~-. .. s�- - -.0'2 zaT •. - ..- .
rii
tCf4.Of SUN P'
AFFIDAVITS
‘.1NYis,
Off: -�° • • -
U
''` 1R ea.
yF * F L 0 5
OF SUN
•
City of Sunny Isles Beach I Invitation to Bid No. North Bay Road Drainage Improvements 18-04-01 ._x
SJ$NY is,e
1/4 ZeitiN4.,
.0 -"- fr NON- COLLUSION AFFIDAVIT
G -• 7 ''` . z
' ': cti : City of Sunny Isles Beach •
� ; ,,, off' ' 18070 Collins Avenue
''.'' •F Low' ••`? Sunny Isles Beach,FL 33160
-",or s.,..''''o Telephone:(305)947-0606 Fax:(305)949-3113
STATE OF FLORIDA )
COUNTY OF Al
B1)c4c ' •
M
The undersigned being first duly sworn as provided by law,deposes,and says:
This"Affidavit is made with the knowledge and intent that it is to be filed with the City.of Sunny Isles Beach City Commission and that it will be
relied upon by said County,in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
•
Ac._ (A)Eaas EN-rpaises 7 c .
(Name of Corporation,Partnership,Individual,etc.) tt
a, Co RPO -4T2n.J ',formed under the laws of Fc.ofJ04
\t1 /
(Type off Business) (State)
of which he is `.)TLC% L- 51D 0J l T
(Sole Owner,Partner,President,etc.)
Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have
themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or
employee therein,or any officer of the City of Sunny Isles Beach,Florida is directly interested therein.
This Bid is genuine and not collusive or a sham;the person,firm or corporation named above has not colluded,conspired,connived or agreed
directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall
refrain from Bidding,and has not in any manner,directly or indirectly,sought by agreement or collusion,or communication or conference with
any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers;and all statements contained in the Bid or Bids
described above true; and further; neither the undersigned, nor the person, firm or corporation named above has directly or indirectly
submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent
thereof.
UTC 6: Pit C.5 ZPEAPT
AFFIANT'S NAFFIANT'S TITLE
•
'fH
TAKEN,SWORN AND SUBSCRIBED TO BEFORE ME this 7 day of A Piz L ,2018.
Personally Known Vor Produced Identification ,•
Type of identification pric,462,) e0--A-A—
(Affix seal here) f\STi,s f CCA y (,6
NOTARY PUBLIC(name printed or typed)
NICHOLAS LEE
lif° _,`• Commission#FF 982474
,,,';'I'.; My Commission Expires
'*%',orvs.O. April 14, 2020
•
•
•
•
1 of 10
•
.0-.r1 PUBLIC ENTITY CRIMES
410
City of Sunny Isles Beach
18070 Collins Avenue
•Dov Sunny Isles Beach,FL 33160
c'''or tut. Telephone:(305)947-0606 Fax:(305)949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Fiorida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of •
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
• the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Sunny Isles Beach
by 1AJ 1-P W 3(L 'TL ??ES DEANT
[print individuals name and title)
for Ail W F_13►3 S E IJ l cf-p -IBES Z of c.
[print name of entity submitting sworn statement]
whose b�usine,, addresssorL �
is.C-€ 4y
3 )P11 , f L 33 ct5
� r7
and (if applicable)its Federal Employer Identification number(FEIN) is 5 �( - 4( ( — / 6f
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
2. I understand that a "public entity crime" as defined :n Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate"as defined in Para. 287.133(1)(a),:Florida Statutes,"means:
a.) predecessor or successor of a person convicted of a public.entity crime; or -
b.) Any entity under the control of any natural person who is7active•in the mariagement.of-the-entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
2 of 10
•
market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be 0
considered an affiliate.
5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
• affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, .
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has.been charged with and convicted ofa public entity.crime subsequent to.July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final •Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer AL
determined that it was not in the public interest to place the entity submitting this sworn statement on the Mr
convicted vendor list. (Attach a copy of the final order.). ; •.
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
-1 PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF•THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By: �'��-,. --'
9'--
(Signature)
\1JEC,a ia-
(Printed Name)
V IC-6: 9R-(5 11",)C-c•'\
. (Title)
7H
Sworn to and subscribed before me this A I day of 482 IC , 20 ( 1 , by
VA-vz9 1...)E.,- -5(IL .
(AF
.1 >;,^ NICHOLAS LEE
i =�%p'�' Commission li FF 982474 Si tur : N tary Pu is-State of Florida
...ij,�}r,�. My Commission Expires
o °,0? April 14, 2020 �l
Print or Type Commissioned Name
Personally Known v OR Produced Identification
•
Type of Identification Produced
3 of 10
FSVNNT lSl Fr
,,
4 • 7 EQUAL OPPORTUNITY /
^i n
4110 t, AFFIRMATIVE ACTION
City of Sunny Isles Beach
o, sus 18070 Collins Avenue
Sunny Isles Beach,FL 33560
Telephone:(305)947-0606 Fax:(305)949-3113
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed: Q
Title: v L CE 1 ?E5 gO�n1T
Firm: ALL W Ef3135 EJTEe-PR-ZSES E,uc-.
Address: 3 09 Co m M eRcc. Ji '-
® vez-cGQ- cL 33cf5
.
®.._ -
. -._.. 4 of 10
. 5,",,,,„, CONFLICT OF INTEREST
Y
moi. ,,:( 4-4.-:. 4 City of Sunny Isles Beach
0
a, ti _
•( 18070 Collins Avenue
. .,..„.4.w.
Sunny Isles each,FL 33160a � P Telephone:(305)947-0606 Fax:(305)949-3113
D\ Q •yet,.
S'f,C'''''''OF
7, FLOP. O
r*of "'O �� CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers
must disclose with their Bids,the name of any officer,director,partner,associate or agent who is also an officer or
employee of the City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF ?ALP% 3€.AcR
�/� y , 3
BEFORE ME,the undersigned authority,personally appeared 'MV 10 W €7, ,
who was duly sworn,deposes,and states: Q
1. I am the VS U IR€5IPENT of ALL UJ €3B S Co TEi title-TSC-$ 7wi h a local
office inand principal office
in Soo Cor•r•ERcE CJA-1 3-ve TEK !- L 3341 1r
2.The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ( $— 04-01
described as 1\10(2.11-( —64-1 RO4D DRAT/J/14E. Immov6nl en)T . The Affiant has made diligent
inquiry and provides the information contained in this.Affidavit based upon his own knowledge.
3. The Affiant states that only one submittal for the above Bid is being submitted and that the above
named entity has no financial interest in other entities submitting Bids for the same project.
4. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, 410
participated in any collusion,or otherwise taken any action in restraints of free competitive pricing in connection
with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the
completion of negotiations if necessary and execution of the Contract for this project.
5. Neither the entity nor its affiliates,nor anyone associated with them,is presently suspended or
otherwise ineligible from participation in contract letting by any local,State,or Federal Agency.
6. Neither the entity,nor its affiliates,nor anyone associated with them have any potential conflict
of interest due to any other clients,contracts,or property interests for this project. .
7. I certify that no member of the entity's ownership or management is presently applying for any
employee position or actively seeking an elected position with the City of Sunny Isles Beach.
8. I certify that no member of the entity's ownership or management,or staff has a vested interest in any
aspect of the City of Sunny Isles Beach.
9. In the event that a conflict of interest is identified in the provision of services, I,on behalf of the above
named entity,will immediately notify the City of Sunny Isles Beach.
Dated this 2-1 T / day of A?fl--=L ,20 18 .
- ----- .,.._1_,__>-V— .
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this 2-7 TH day of fI Ps-zc_ ,20 )8
personally Known,OR
❑ Produced Identification-Type of Identification
NOTARY PUBLIC STATE OF FLORIDA , ./ .t. LAS LEE
;5)1-Vs, Commission# FF 982474
Commission Expires
��i:i.i*"i city 2020
5of10 IP` r Apt1114.
•
t SJ t4Nr/SCEt
y - , 9 DISPUTE DISCLOSURE •
V Z
City of Sunny Isles Beach
18070 Collins Avenue
''.F i
o-'0 Sunny Isles Beach,FL 33160
or,�++ Telephone:(305)947-0606 Fax:(305)949-3113
DISPUTE DISCLOSURE FORM
- Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please
explain in the space provided, or on a separate sheet attached to this form.
1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES NO
2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES NO
3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
® or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES NO / If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
ALC, WEBBS ENsTERPR-ZSES ... . - .
Firm Date , .t:
9AUTO W C313 J2 " 7cOR..E)=O6 )T
Authorized Signature Print or Type Name and-Title` . . - -
6 of 10
•
�soo NY.IS(EJ -
�,. a
a'.
ANTI - KICKBACK
A ^
V • • S
'' • City of Sunny Isles Beach
•
9 - L's.q O� 18070 Collins Avenue
SfC'"•F.o?- D,` Sunny Isles Beach,FL 33160
'''or sus'` Telephone:(305)947-0606 Fax:(305)949-3113
•
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF \)ALM BEA (rl)
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
. ---- ---"--L4---'9"-.
By:•
\ r
Title: V TCC 'Y/Z ES Z.00—,,i7"
•
The foregoing instrument was acknowledged before me this --1 1H day of 410
APP-Zc. -,7 TO , 20 I i ,__,by D,IJip L3 613E "j/z- [name
of person], as Vick Y P-65/De'-r- [type of authority], for
ALL W 4 3 5 601-E2vot:fEs 7N C . [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE: • (.ete4a., ,
NICHOLAS IEE Notary Public — State of Florida
•
t„�; Commission# FF 982474 L
���ss,,1a ,F My Commission Expires iC-f DL-4 s C C
.'�.;o;,''�,��' April 14, 2020 (
Print or Type Commissioned Name
•
Personally Known OR Produced Identification
Type of Identification Produced .
II
7 of 10
•
SJNNY is,E
OC.,;',... '+.JB
Y � BID BOND
-i n
.. , �.* y City of Sunny Isles Beach
��-- 18070 Collins Avenue
F� '.viow'oo+` Sunny Isles Beach,FL 33160
OF ,o. '` Telephone:(305)947-0606 Fax:(305)949-3113
STATE OF FLORIDA )
•ORANGE )
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS, that we,All Webbs Enterprises,Inc. as Principal, and
North American Specialty Insurance Company , as Surety, are held and firmly bound unto the City of Sunny Isles
Beach, a municipal corporation of the State of Florida in the sum of Five Per Cent of the Bid Amount Dnllars (S S%of Bid ), lawful
money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators
and successors jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid
dated, April 30 2018 for:
North Bay Road Drainage Improvements-Bid No. 18-04-01 .
WHEREAS,it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent(5%)of
the Base Bid be submitted with said Bid as a guarantee that the Proposers would,if awarded the Contract, enter into a written Contract with
the City for the performance of said Contract,within ten(10)consecutive calendar days after written notice having been given of the Award of
the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written
notice of such acceptance,enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond,satisfactory
to the City,each in an amount equal to one hundred percent(100%)of the Contract Price,and provides all required Certificates of Insurance,
then this obligation shall be void;otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety
herein agrees to pay said sum immediately,upon demand of the City,in good and lawful money of the United States of America,as liquidated
damages for failure thereof of said Principal. -
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this 30th day
of April ,20 18 ,the name and the corporate seal of each corporate party being hereto affixed and these presents
being duly signed by its undersigned representative.
DOCUMENT CONTINUES ON NEXT PAGE
All Webbs Enterprises,Inc.
SINN PRESENCEZ: //,
!/[i410) (t<{Ot�s`C By;_
Individual or Partnership Principal Affix Corporate eal .
309 C0MMEf�CE 0A`+
Business Address
-3u(,zlEfIL 3340City,State,and Zip Code
Cs61 )746-10 19 ( 6t ) '746—LH 99
Business Telephone Business Facsimile
TTEST:
11
North American Specialty
1 , , –_. Insurance Company (.,
JoAnn H.Beeout
Asst.Secretar
By: i20101--A-
'Impress
r
Corporate Seal Brett A. Ragland,Attoey-in-Fact
IMPORTANT Florida Resident Agent
Surety companies executing bonds must appear on the Treasury Department's most current list(circular 570 as amended)and be authorized
to transact business in the State of Florida.
8 of 10
I
• SWISS RE CORPORATE SOLUTIONS
• NORTH AMERICAN SPECIALTY INSURANCE COMPANY •
WASHINGTON INTERNATIONAL INSURANCE COMPANY
\VESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS;THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire;and having its principal office in the City of Overland Park,Kansas and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland
Park,Kansas,and Westport Insurance Corporation;organized under the laws of the State of Missouri,and having its principal office in the City of
Overland Park,Kansas each does hereby make,constitute and appoint:
JOSEPH D.JOHNSON,JR.,JOSEPH D.JOHNSON III, BRETT A. RAGLAND,and FRANCIS T.O'REARDON
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver, for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION(SI25,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011.
"RESOLVED,that any two of the President,any Senior Vice President,any Vice President;any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED;that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
°t,GIALJ7Y/ PAktF
��\ /iji
>' �
SEAL tic�.°-, tiS
•G SEAL
$ �':' F•. � S'er'er P.Anderson,Semor:'tce Prevdent or Washington Imcrnouoml Insurance Company �;��7�/4�
= EAn= O: .es e &Senior Vice President of North American Specialty Insurance Company e.1• .1%
•
H¢: :m= t—:
:m &Senior Vice President of Westport Insurance Corporation
n w•z� 1873 om; r �2' '�J€ Fa
// N �\ •k r Mike A.Ito,Senior Vice President of Washington International Insurance Company •
///111111111111\\\ roanmmca
&Senior Vice President of North American Specialty Insurance Company
&Senior Vice President of Westport Insurance Corporation
IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this
this 22 day of JANUARY ,20 18 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 22 day of JANUARY .201 88.before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation; personally known to me,who
being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFICIAL.SEALH.KNNY
t
t Notary Public EState of Nimis — L/ 1 N1/4,._
MyCommission11/04/2021 phsi + • M.Kenny,Notary Public
1, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North American Specialty Insurance Company; Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect. ,.,,[-
IN WITNESS WHEREOF;I have set my hand and affixed the seals of the Companies this-3day of 20/g
Jeffrey Goldberg.Vice President&Assistant Secretary of Washington International Insurance Company&
North American Specialty Insurance Company&Vice President&Assistant Secretary of Westport insurance Corporation